Reefnale Pty Limited trading as Total Window Concepts

[2025] FWCA 1560

[2025] FWCA 1560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Reefnale Pty Limited trading as Total Window Concepts

(AG2025/1144)

TOTAL WINDOW CONCEPTS ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 19 MAY 2025

Application for approval of the Total Window Concepts Enterprise Agreement 2025

1. Reefnale Pty Limited (the Employer), trading as Total Window Concepts, has made an application for approval of an enterprise agreement known as the Total Window Concepts Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2–4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 30 January 2025 and the Agreement was made on 14 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Agreement title in the Notice of Employee Representational Rights (NERR), in the material provided at application, differs from the title of the Agreement to be approved. Pursuant to s.188(5) of the FW Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A) of the FW Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

1. A pre-June 2023 version of the Notice of Employee Representational Right (NERR) was provided to employees. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A) that the NERR be provided in the prescribed form. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

1. The Notice of Employee Representation Rights (NERR) is unclear whether employees knew they were in a classification covered by the Agreement at the time the NERR was provided. On the basis of the material contained in the application and accompanying material provided, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

1. On the basis of the material contained in the application and accompanying material provided, I am satisfied that each of the requirements of sections 186, 187 and 188, and 190 as are relevant to this application for approval, have been met. 

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (the NES): 

·     Clause 17: Compassionate Leave

1. However, noting clause 3.2 the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement was approved on 19 May 2025 and, in accordance with s.54 of the FW Act, will operate from 26 May 2025. The nominal expiry date of the Agreement is 30 April 2028.

COMMISSIONER

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